Georgia § 53-11-3 - Personal service; generally.

§ 53-11-3. Personal service; generally.

Except as otherwise prescribed by law or directed by the probate judge, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter. Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least 30 days before the hearing except that, if waived in writing or if shortened by the probate court upon good cause shown, the 30 day provision shall not apply. An entry of such service shall be made on the original and the copy for the party served. A party who is in the military service may be served by any commissioned officer who shall file with the probate court a certificate stating that copies of the petition and citation were served in person. Individuals who are not sui juris shall be served as provided in this chapter or as provided in Code Section 15-9-17. When personal service is required by this Code section, unless otherwise directed by the probate court, service may be made by registered or certified mail or statutory overnight delivery if the petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail or statutory overnight delivery with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by the addressee, dated at least 30 days before the date specified in the citation, except where shortened by the court upon good cause shown, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section. (Code 1981, § 53-11-3 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 45; Ga. L. 2000, p. 1589, § 3; Ga. L. 2020, p. 377, § 1-64/HB 865.) The 2020 amendment, effective January 1, 2021, in subsection (b), in the first sentence, substituted "30" for "ten" and substituted "or if shortened by the probate court upon good cause shown, the 30 day" for ", the ten day" and in subsection (e), in the last sentence, substituted "30" for "ten" and inserted "except where shortened by the court upon good cause shown,". Cross references. - Service of process generally, § 9-11-4 . Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.